1990-38 PUD Harbour Point MarinaORDINANCE N0. 38-90
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "HARBOUR
' POINT MARINA" UPON THOSE CERTAIN LANDS COMPRISING 13.66
ACRES LOCATED WITHIN THE VILLAGE AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE PART
HEREOF; SAIll LANDS TO BE DEVELOPED IN ACCORDANCE WITH
THE PLANS AND SPECIFICATIONS AS SET FORTH IN THE INDEX
ATTACHED HERETO AS COMPOSITE EXHIBIT "B" AND WHICH PLANS
AND SPECIFICATIONS ARE EXPRESSLY MADE A PART HEREOF;
ALLOWING CONSTRUCTION AND DEVELOPMENT TO TAKE PLACE IN
PHASES; PROVIDING FOR A CASH CONTRIBUTION AS A CONDITION
FOR THE APPROVAL OF THE BOUNDARY PLAT; PROVIDING FOR PLAT
APPROVAL; SETTING FORTH REQUIREMENTS TO BE MET BY THE
PETITIONER PRIOR TO ISSUANCE OF THE INITIAL BUILDING PER-
MIT; PROVIDING FOR TIME OF COMMENCEMENT AND TIME OF COM-
PLETION FOR THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR
APPROVAL OF SIGNAGE AND TEMPORARY SALES CENTER BY THE
VILLAGE COUNCIL; PROVIDING PROCEDURE FOR I40DIFICATIONS
TO THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR THE RE-
PEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND, PROVIDING FOR Atd EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUIQCIL OF NORTH PALM
BEACH, FLORIDA:
' Section 1. The Village Council of the Village of
North Palm Beach, Florida, does hereby create a Planned Unit
Development known as "HARBOUR POINT MARINA" upon the land
described in Exhibit "A" attached hereto and made a part
hereof, said lands comprising a 13.66 acre tract in the Village
of North Palm Beach located adjacent to and north of Monet Road,
west of the Intracoastal Waterway. The underlying zoning of the
Planned Unit Development is C-1 Neighborhood Commercial District
as provided by Appendix C-Zoning of the Code of Ordinances of
the Village of North Palm Beach.
Section 2. "HARBOUR POINT MARINA" Planned Unit Development
shall be developed in accordance with the plans and specifications
' as set forth in the Index attached hereto as Composite Exhibit "B"
and expressly made a part hereof; provided, however, the height
of the residential building shown in Exhibit "B" as seven (7)
stories is hereby reduced to a maximum of four (4) stories or
forty (40) feet and Petitioner shall be required to amend
Exhibit "B" accordingly. Prior to a building permit being issued
for such residential building, the amended Exhibit "B" shall be
presented directly to the Village Council for approval by
Resolution after review by the Planning Commission. In the
' event there is any conflict between the terms of this Ordinance
and any Exhibits attached hereto, the terms of this Ordinance
shall prevail.
Section 3. Construction of the project may be undertaken
in the separate phases as depicted on the Site Plan attached as
part of Composite Exhibit "B"; provided, however, the order of
phasing construction shall beat the discretion of the Petitioner.
Section 4. In lieu of the Petitioner dedicating five (5%)
percent or more of the area of the lands comprising the Planned
Unit Development for public use, the Petitioner shall pay to the
Village of North Palm Beach, a cash contribution of $150,000.00.
The cash contribution shall be paid upon issuance of the first
' building permit (other than for the marina operations building
generally located in the vicinity of the fuel dock as shown on
the Exhibit "B" site plan, and other than building permits issued
for maintenance and repair of existing facilities currently
located on the Exhibit "A" property) or three (3) years from the
effective date hereof, whichever first occurs.
The payment of the cash contribution specified in Section 4
of this Ordinance shall satisfy the requirements of Section 36-23
entitled Public Site and Open Spaces of the Code of Ordinances,
which requires dedication of land for public use or a cash
contribution as a condition for the approval of a preliminary plat.
If additional platting or replatting of subject real property is
' accomplished after the boundary plat called for in this Ordinance,
no additional cash contribution or dedication of land shall be
required.
The foregoing cash contribution shall satisfy all impact fees
to the Village; however, in addition thereto, the Petitioner shall
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pay to the County of Palm Beach all impact fees in accordance
with the requirements of the Palm Beach County Code.
Section 5. Prior to the issuance of a Building Permit for
any structure or building upon the real property described in
Exhibit "A", (other than for the marina operations building
generally located in the vicinity of the fuel dock as shown on
the Exhibit "B" site plan, and other than building permits
issued for maintenance and repair of existing facilities currently
located on the Exhibit "A" property), the Petitioner shall
provide as a minimum a preliminary boundary plat for the entire
project for approval of the Village Council. The approval of
said boundary plat shall be by a subsequent Resolution of the
Village Council. The executed mylar of the plat shall not be
delivered for recording until the bond, letter of credit or
escrow agreement specified in Section 6 of this Ordinance is
filed with and approved by the Village Manager.
Section 6. Prior to the issuance of a Building Permit
for any structure or building upon the real property described
in Exhibit "A", (other than for the marina operations building
generally located in the vicinity of the fuel dock as shown on the
Exhibit "B" site plan, and other than building permits issued
for maintenance and repair of existing facilities currently
located on the Exhibit "A" property), the Petitioner shall
provide the Village with a performance bond, letter of credit or
escrow agreementin a form approved by the Village in a sum of
money prescribed by the Village and shall be posted with the
Village of North Palm Beach to assure the completion of on-site
roadways, drainage and utility improvements required for the
Planned Unit Development. From time to time as improvements are
t completed and approved by the Village of North Palm Beach, the
amount of the performance bond, letter of credit or escrow agreement
shall be reduced by a proportionate amount. Upon completion of
all on-site roadway, drainage and utility improvements required
for the Planned Unit Development, the Village shall release said
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performance bond, letter of credit or escrow agreement.
Section 7. The initial phase of development in the
Planned Unit Development shall be commenced within three (3)
years from the effective date hereof; provided, however,
Petitioner may obtain an extension of one (1) additional year
' to connnence the first phase for good cause shown by approval
by subsequent Resolution without necessity of advertisement or
public hearing. All phases of development in the Planned Unit
Development shall be completed within ten (10) years. If
Petitioner fails to commence the initial phase of development
or complete all phases of development as required, the Planned
Unit Development and underlying zoning usage of C-1 Neighborhood
Cormnercial District shall remain until such time as the
Petitioner secures renewal or amendment of development, which
renewal or amendment shall be in the discretion of the Village
Council.
Section 8. All signage for any phase of the Planned
Unit Development and any temporary sales center site must
be approved by subsequent Resolution of the Village Council
without the necessity of review by the Planning Commission,
advertisement or public hearing.
Sectiori 9. Modifications to the Planned Unit Develop-
ment that are determined to be ninor by the Village Council
may be approved by subsequent Resolutions without the necessity
of review by the Planning Commission, advertisement or public
hearing.
Section 10. All references to Petitioner and/or
Developer, together with all requirements of this Ordinance
' shall apply to and be binding upon the successors and assigns.
Section 11. No Building Permit for any phase of the
Planned Unit Development (other than for the marina operations
building generally located in the vicinity of the fuel dock
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as shown on the Exhibit "B" site plan, and other than building
permits issued for maintenance and repair of existing facilities
currently located on the Exhibit "A" property) shall be issued
until the drainage and paving plans for development of the
particular phase of the Planned Unit Development shall be
' approved by the Village Engineer and all other building
requirements of the Village of North Palm Beach Code and require-
ments of other governmental agencies, if necessary, shall be
met.
Section 12. Petitioner, prior to the issuance of the
first Building Permit within the Planned Unit Developme nt,
(other than for the marina operations building generally located
in the vicinity of the fuel dock as shown on the Exhibit "B"
site plan, and other than building permits issued for maintenance
and repair of existing facilities currently located on the
Exhibit "A" property), shall deliver to the Village a Unity of
Control in requisite form to be approved by the Village Attorney,
requiring the lands described in Exhibit "A" to be developed
in accordance with the Exhibit "B" plan.
Section 13. If any part or portion of this Ordinance
is found to be void or defective, the remainder of the Ordin-
ance shall continue in full force and effect.
Section 14. All Ordinance or parts of Ordinances in
conflict herewith are hereby repealed.
Section 15. This Ordinance shall take effect immediately
upon passage.
PLACEll ON FIRST READING THIS 26TH DAY OF JULY 1990.
PLACED ON SECOND, FIIQAL READING AND PASSED THIS :.157 DAY
OF NOVEMBER 1990.
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(Village Seal)
ATTEST:
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EXHIBIT "A"
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WAY LINE OF THE. INTRACOASTAL WATERWAY AND LYING EAST OF THE EAST RIGHT-DF-WAY
LINE AT PROSPERITY FARMS ROAD AS LAID OUT AND 1N USE.
COMPOSITE EXHIBIT "B"
1
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1. Plans and elevations prepared by Architectural Design
Associates dated August 1989 identified as "HARBOUR POINT MARINA"
and consisting of four (4) sheets (identified as Sheets 1, 2,
3 and 4);
2. Landscape Plans prepared by Blakely and Associates,
consisting of three (3) sheets identified as (a) Perimeter Landscape
Plan, dated August 27, 1987; (b) Conceptual Perimeter Landscape
Plan, dated November 8, 1989; and (c) Harbour Point Marina Concept
Landscape Plan;
3. Sketch consisting of one (1) sheet bearing revised
date of October 19, 1989, identified by the notation "Preliminary
Perspective Study by W. McTammany for Architectural Design Associates
of Harbour Point Marina."
4. Copy of Preliminary boundary Plat of Harbour Point
P4arina consisting of one (1) sheet and prepared by Kenneth L.
Scrape, P.L.S., and dated October, 1990.